COS & Tranfer Issue

[javaguru]

Hi all senior members, need your help.

I got my Change of Status from F1 to H1B on 1 Oct-2008 by Employer A ,I got another offer before joining Employer A, and filed for transfer/Extension in the same month and started working with employer-B as soon as received the filing receipt, and I am on payroll with Employer B at present.

Issue:

I never worked with Employer A or never ran payroll. Presently working with employer B and since last 4 months and more I haven't received any approval notice from the transfer filed by Employer B.....is this my legal work ?

Does this H1B transfer take so long ? also following are my questions;

1)how many days can i work with a employer without having approval, only having transfer receipt.

2)If i don't receive or hear regading this approval,Will i be able to go back and run payrole by original Employer A , or else how long its legal without running payrol to employer A who is having my approval ?

3) Can i file any other petition before getting approval from Employer-B , and without having any paystub from employer A but having Pay stubs from Employer B. ?

4)Which is the best step i can take in this situation ?


Will really appreciate getting help and suggestions.

[txh1b]

Two questions will help answer.

When was your H1b effective with employer A? When was the transfer filed by employer B?

If you had H1b with A, you need to be paid for the period. Otherwise, you cannot use AC21 or H1b portability. H1b portability requires one to be in valid status to begin employment with the new employer upon filing.

If A has not paid you, to protect yourself, you should file a complaint with DOL.

[javaguru]

my status from F1 to H1 changed on Oct 1 2008 by petition from Employer A where i never worked, and i started working for Employer B by 20th OCt 2008.

What is AC21 ?

What shall i do untill i hear about this waiting approval... ?

[txh1b]

https://www.immihelp.com/h1-visa-portability/

H1b portability is a provision of AC21 law. If you are worried, upgrade to PP.

[javaguru]

So do u suggest to wait for approval ? and pls advice am i on status now ?

[txh1b]

It is risky as you were out of status when the H1b transfer was filed. H1b portability requires you to be in status at the time of transfer filing.

[javaguru]

I was having valid H1b approval while my transfer was filed, please brief me in detail how was i out of status... ?

Thanks

[txh1b]

H1b holder is out of status if they did not get paid from day 1. Just the way a F1 student is out of status if they dont take the required credit hours in a semester.

See if you fit any criteria above. You have 20 days of out of status period from your posts. Just having a H1b does not give you a status. You need to be paid.

[javaguru]

I was on H1b Status from Oct 1 2008 and i was on payroll by 19th Oct 2008...but with the employer who has filed my transfer.

will this work ????

[txh1b]

What part of my earlier reply did you miss? Who will take care of Oct 1st through Oct 20th?